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The Commissioner of Income Tax-16 Vs. M/s Happy Home Enterprises and A ...

Court : Mumbai

Subject : Direct Taxation

section 80-IA(4F), the said undertaking was entitled to the deduction as set out therein. 14. Thereafter, by the Finance Act, 1999 entire section 80-IA was substituted by the newly introduced sections 80-IA and 80-IB which were on the … following the ratio of this judgment. FACTS IN INCOME TAX APPEAL NO.308 OF 2012 5. On 19th July 2007, a search under section 132 of the Act was conducted in the Assessee's case (M/s Kanakia Spaces Pvt.Ltd.)

Tube Investments of India Limited Represented by Its Vice President, T ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 5, 9(1), 10A, 10A(1A), 10B, 28 to 43C, 43D, 44AC, 64, 72, 80, 80(IA), 80(IE), 143C, 145, 153, 192, 193, 194, 194A, 194C, 194C(1), 194D, 194G, 194H, 194I, 194J, 194LA, 195, 195(5), 195A, 197, 198, 199, 200, 200(1), 201, 201(1), 201(1A), 205, 206C, 221, 271C, 276B and 276BB; Hindu Women's Right to Property Act; Companies Act; Finance Act, 1983; Finance Act, 2007; Central Excises and Salt Act, 1944 - Sections 11D; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 11(4); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(4), 17 and 17(2); Andhra Pradesh Shops and Establishments Act, 1966 - Sections 47(3); Payment of Gratuity Act, 1972; Partnership Act, 1932 -

Reported in : (2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)

submission.87. The contention comparing Section 40(a)(ia) with the proviso to Section 40A(3)(b) of the Act as introduced through Finance Act, 2007, can have no relevance, in as much as in the first place, the two substantive provisions are not … contention has no legs to stand.91. The argument based on Section 10A/10B and those availing deduction under Section 80(ia) cannot be accepted for the reason that in the first place it is not the case of the

Airport Retail Pvt. Limited Vs. Union of India and ors.

Court : Delhi

Subject : Service Tax

use in the course or furtherance of business was included as a taxable service by virtue of the Finance Act, 2007 w.e.f. 01.06.2007 and clause (zzzz) was introduced in sub-section 105 of Section 65 of the Act. The said … of this Court in Home Solutions Retail-II (supra). Secondly, the Finance Act, 2012, had enacted a provision [Section 80(2)]. to provide amnesty from penalty in case outstanding service tax in respect of renting of immovable property was

Delhi Transport Corporation Vs. Commissioner Service Tax

Court : Delhi

Subject : Service Tax

Section 73 read with Section 68 and 95 of the Finance Act, 1994, and Section 140 of the Finance Act, 2007, directing interest (at appropriate rate) to be charged under Section 75 and imposing penalties of ₹1,000/- under Section … of the taxable service provided. Penalty was imposed under Section 78 of the Finance Act, declining benefit of Section 80, referring in this context to the facts that the assessee had neither applied for service tax registration nor

M/S Kotarki Constructions pvt.ltd. Vs. The Asst. Commissioner of Incom ...

Court : Karnataka

Subject : Land Acquisition

that the assesseee company is the developer of these infrastructure facilities. Explanation provided below Section 80-IA inserted by Finance Act, 2007 and later substituted by the Finance (No.2) Act, 2009 w.e.f.1-4-2000 clearly states that business in the nature of

Shri Ganta Ramanaiah Naidu Vs. the Commissioner of Central Excise, Gun ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

and confirmed the demand and interest and also imposed penalties under Section 76, 77 and 78 of the Finance Act, 1994. Aggrieved by such an order, the assessee are before us in appeal. 4. Ld. Counsel on behalf … of undertaking from the assessee. Consequently, the said activity was exempted by the CBEC. Hence the provisions of Section 80 can be invoked in the case and the penalties imposed under Section 76, 77 and 78 of the

M/S. India Gate Way Terminal (P) Ltd. Vs. Cce, Cochin

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

in our view, penalty under Section 78 of the Finance Act, 1994 is unwarranted. Invoking the provisions of Section 80 of the Finance Act, 1994, we set aside the penalty that is imposed on the appellant under Section … are discharging the service tax on the taxable value as received from various persons, under the provisions of Finance Act, 1994. During the course of audit of the records of the appellant, it was noticed by the Internal

Commissioner of Income Tax ??? I Vs. M/S Aar Ess Exim Pvt. Ltd.

Court : Delhi

Subject : Land Acquisition

included by application of the provisions of this section as it stood immediately before its substitution by the Finance Act, 2000, the undertaking shall be entitled to the deduction referred to in this sub-section only for the unexpired … SANJIV KHANNA, J.These two appeals by the Revenue relating to assessment years 2007-08 and 2008-09 require adjudication on the following substantial question of law: ―Whether … plant previously used for any purpose. Explanation.-The provisions of Explanation 1 and Explanation 2 to subsection (2) of section 80-I shall apply for the purposes of clause (iii) of this sub-section as they apply for the purposes of

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to exclude DMG mistake claims, as these provisions purported to curtail the extended limitation period … section 33 as impliedly setting itself up as an exclusive provision (which it did not do expressly, unlike section 80 of the Value Added Tax Act 1994). The test claimants submit that the application of Marleasing cannot rework

Tata Teleservices Vs. Union of India

Court : Gujarat

Subject : Education

3.1 The respective petitioners have also prayed to declare that section 201 of the Act as amended by Finance Act, 2014 (Act No.2 of 2014) is prospective and does not apply to the proceedings where period of passing … Declare that the proceedings consequent to notice issued under Section 201 (1) of the Act for Financial Year 2007-08 are barred by the proviso to Section 201 (3); (G) Your Lordships may be pleased to Declare that … the said judgment, assessments were completed on 17/02/1969 and 26/03/1969. Under rule 80(5) of the Bengal Sales Tax Act, 1941 as it then stood, the